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LML5000- Australian Migration Law | Assignment

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Victoria University | Melbourne Australia

   

Australian Migration Law (LML5000)

   

Added on  2020-03-07

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The below document discusses various questions with respect to the immigration law in Australia. The question has been described in this document are as "What are your obligations as a registered migration agent(if any) under the Code of conduct?".

LML5000- Australian Migration Law | Assignment

   

Victoria University | Melbourne Australia

   

Australian Migration Law (LML5000)

   Added on 2020-03-07

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Running head: IMMIGRATION LAWImmigration LawName of the StudentName of the UniversityAuthor note
LML5000- Australian Migration Law | Assignment_1
1IMMIGRATION LAWQuestion 1ToMr Jeffrey JacobAddress: Date:Subject: Advice of Migration LawRespected Mr Jacob,This letter is being address to you so that you are able tounderstand the duties and obligations of a registered migrationagent along with the procedure required for the successfulapplication of workers skilled temporary subclass 457 visa.Allmigration agents who are registered under them MigrationAgent Registration Authority in Australia have to abide by thelegal provisions of the Migration Act 1958, the MigrationRegulations 1998 and the Code of Conduct set out for themigration agents in Schedule 2 of the MR1. The legislation andthe regulation set out specific criteria following whichmigration agent would be able to avoid legal liabilities andproperly carry out their functions towards a client.Following the legislation and the regulation is not just amoral duty of the migration agent but it is a legal duty which isset out in Section 314 of the MA. The section clearly States that1Austlii(2017)<http://www.austlii.edu.au/au/legis/cth/consol_reg/mar1998287/sch2.html>.
LML5000- Australian Migration Law | Assignment_2
2IMMIGRATION LAWall migration agents in Australia have to abide by the code ofconduct which is set by scheduled 2 of the MigrationRegulation 19982.As provided by Section 313 of the MA, a migrationagent has to mandatorily provide a statement of services whichmust include details like the types of service to be provided andthe fees which would be charged by the agent for providingsuch services3. The section further highlights that in case thereis a failure on the part of the migration agent to provide thementioned statement of service the client is under no obligationto pay any kind of fees to the migration agent.In addition, if the migration agent wants to claim fromthe client the fees for the visa application in advance in suchcase it has to be remembered by a migration agent that a“client account” has to be created for such advancedtransaction. The client account is totally different from anormal bank account of the client and the clients businessaccount. This type of account is totally under the control of theclient however the migration agent may take out money fromthe account as and when needed for the purpose of paying anyfees related to the visa. The migration agent is not allowed to2Migration Regulations 19983Migration Act 1958
LML5000- Australian Migration Law | Assignment_3
3IMMIGRATION LAWtake out money from this account for professional fees until allservices were to be provided by him have been completed4.The code of conduct further highlights regulation 6b ofthe MR which expressly states that a migration agent has tohave in place a professional indemnity insurance so that anyloss which can result out of his actions to the clients can becompensated by the insurance company.A Sanction may be imposed by the Migration AgentRegistration Authority (MARA) if any provision of the code ofconduct is breached by the agents as per section 1.5 of the code.The code of conduct through part 2 provides that a migrationagent always has to base his or her activity within the scope oflaw and the interest of the client which is legitimate. The partextends and provide that the agent must deal with the clientfairly diligently and competently. It is the duty of a migration agent after he has agreed torepresent the client within a reasonable time confirm theinstruction of the client in writing and act in accordance to theclients instructions it is also is duty to keep the client informedfully through writing about the process of each step which theagent has undertaken with respect to the visa application. Theagent must also inform the client within a reasonable time afterthe case has been decided the outcome of the visa application.4Hollifield, James, Philip Martin, and PiaOrrenius.Controllingimmigration: A global perspective. Stanford University Press, 2014.
LML5000- Australian Migration Law | Assignment_4

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